Case Studies

R v H Operation Hayrack

Acted for the lead defendant in the police operation known as Operation Hayrack prosecuted by the Special Casework division of the Crown Prosecution Service before Southwark Crown Court. The defendant was a senior member of the Royal Household building management team responsible for works and infrastructure of the Royal Palaces. The allegations were of bribery and corruption in the tendering process for building and maintenance contracts in respect of the Royal Palaces, leading to the wrongful award of contracts worth many millions of pounds and in some cases the inappropriate award of a Royal Warrant.

R v T Operation Kickdon

The practice acted for a Midlands based businessman who was one of 5 individuals facing allegations arising from the HMRC investigation known as Operation Kickdon. The allegation was one of conspiracy to cheat the public revenue by duping the financial departments of premiership football clubs to provide documentation in support of fraudulent VAT claims to the value of £2 million, through a purported but contrived deal with Dubai’s Department of Tourism and Commerce.

R v W Operation Barber

The practice recently acted throughout until the conclusion of proceedings in a prosecution of 5 defendants before Southwark Crown Court, known as Operation Barber which at the time was the largest prosecution ever brought by the Department for Business Innovation and Skills. The client was a northern based building contractor who at the conclusion of the 8 week trial was the only one of those said to be at the heart of the fraud not to receive an immediate custodial sentence.

R v S Operation Hailite

The practice acted for a leading defendant in a 6 defendant case before Chelmsford Crown Court known as Operation Hailite. It was a prosecution brought jointly by Trading Standards and the Police into the activities of an organised criminal group operating as rogue traders on the South Coast, with the fraud estimated to have yielded multi million returns. We were the first legal team involved to secure bail and the only defendant to avoid imprisonment with others who were at the outset alleged to be equally involved receiving sentences of up to 10 years.

City of London Police enquiry into SERCO

The firm was retained by a senior member of SERCO’s management team responsible for the operation of a Government’s contract to provide prisoner transport services. He and others were suspects in a fraud perpetrated in order to retain the contract. The investigation stage and the interview process were particularly challenging and resulted in the client being completely exonerated without any charges being brought.

SFO V A and others

The practice acted for a former international footballer and football league club manager who was one of a number of suspects investigated following the collapse of a company heavily contracted through Government funding to provide training services in the sports sector throughout England and Wales with losses alleged to be £7.1 million.

Advice and representation throughout was provided at director level.

R v A

The practice obtained significant success in complex contested confiscation proceedings before Southwark Crown Court under The Proceeds of Crime Act 2002. The client was alleged to have profited substantially from a money laundering scheme, originally investigated by anti terrorist officers and prosecuted by the Special Casework Unit of the Crown Prosecution Service. The prosecution alleged a benefit figure of £20 million, alleging over £18 million in hidden assets. Through a detailed accounting exercise and the obtaining of evidence the defence team were able to successfully persuade the prosecution that there were no hidden assets and only £160,000 available. The benefit figure was also reduced to only £565,000. The client had been at risk of a default sentence of 10 years. Instead he was able to satisfy the much smaller amount and maintained his liberty.

R v S

Is a further example of significant success in confiscation proceedings. The prosecution was brought before Southwark Crown Court by the HMRC with the allegation being that the client had benefitted to the tune of £10.5 million from a missing trader carousel fraud against the public revenue. By following a tenacious and detailed exercise in analysing accounting evidence and the obtaining of other defence evidence the legal team resolved the position as a benefit figure of £51,000 and an available amount from the client of £200, which he satisfied with no difficulty.

R v B

The practice was retained by one of 12 defendants and a former director of Wyvern Media Group alleged to be responsible for huge advertising fraud through hundreds of publications between 2007 and 2012 in an investigation that took over 3 years to complete and another 2 to come to trial.

The business and its activities were the subject of a BBC Inside Out documentary in 2010. It was a Trading Standards prosecution being prosecuted before Nottingham Crown Court described as one of the largest prosecutions of its kind. The firm was retained from the outset throughout investigation and trial.

R v O

The client was alleged to be at the heart of an organised crime group responsible for the importation of large amounts of cocaine into the UK and a wider conspiracy concerning the movement and seizure of drugs around the world. The matter was prosecuted before Manchester Crown Court following on from a joint operation by the police and customs officers known as Operation Hook. It was the import and export of drugs at a high level. The evidence revolved around many thousands of pages of detailed telephonic evidence linking the client with other defendants some of whom were convicted of the conspiracy allegations. The marshalling and interpretation of that evidence by defence team members practiced in dealing with and interpreting such material ultimately supported the clients version of events leading to his acquittal following a lengthy trial.

R v F

The defendant instructed the firm in respect of confiscation proceedings following his conviction for fraud to the value of £3.6m. The crown claimed that the defendant had hidden assets of over £2m as a result of this fraud.

The firm undertook a full audit trail of the clients finances, together with obtaining documentary evidence in order to prove as much cash expenditure as possible, to rebut the crown’s presumption of hidden assets. The Court ultimately found that there were no such hidden assets removing the risk of a substantial prison sentence in default of repayment.

IN THE MATTER OF RH

The practice acted for the co producer of a major West End production when investigated for serious fraud following the production’s financial collapse amidst allegations that the foreign investment financing the production had been criminally diverted by the client leaving actors and many other creditors with a substantial loss. The defence during the investigation stage was dealt with throughout at director level with no charges ultimately being preferred.

R v B-OPERATION BOLIVAR

The practice acts for an accountant and senior employee of the finance ministry of the Bermudan Government in an allegation that government monies had been illegally transferred to bank accounts in the UK and the money laundered through the purchase of a multitude of properties in England and Wales, with the allegation that in excess of £1.2 million was stolen in this way. The matter has involved a number of multi jurisdictional issues to date.

R v D

The practice acted for a British national circulated by the Financial Conduct Authority as one of their most wanted fugitives responsible for allegedly running unregulated investment schemes and Ponzi frauds.We successfully negotiated his voluntary return to the UK avoiding the extradition proceedings instigated by the authorities and negotiated a bail package pending the conclusion of proceedings.

R v H

Acted for senior council waste control officer accused of a long standing conspiracy to defraud in creating false documentation over a 3 year period to give pecuniary advantage to a co conspirator.The case involved the defence witness summonsing and ultimate arrest and detention of the clients former legal adviser in the case and the matter was ultimately stayed against the client at trial after defence disclosure and abuse of process arguments before Bristol Crown Court.

R v A

Acted for an in house accountant of a significant letting agency, accused of embezzling £500,000.Acted throughout the enquiry and through to trial over a 2 year period concluding with a successful defence submission of no case to answer prior to the trial leading to the case being dismissed.

R v D

The practice was retained from the outset by who the prosecution claimed was the lead defendant in a group of sophisticated conmen who had defrauded UK jewellers and bullion dealers out of millions of pounds worth of goods by posing as wealthy foreign buyers with the fraud being perpetrated through the use of millions of counterfeit Euros.

The practice advised from the outset and in unique circumstances during which the Prosecution tried to establish that the client’s claimed age was false. The defence successfully persuaded the Recorder of Manchester over 6 contested hearings that the defendant was of such an age that he ought to be treated as a youth, resulting in him receiving only a matter of weeks in custody which in the case of an adult would have attracted many years imprisonment.

R v S

The practice acted for one of 8 defendants facing allegations arising from the alleged fraudulent trading of one of the country’s largest online cut price kitchen retailers. The matter was prosecuted by the national specialist counter fraud team of Trading Standards, with losses alleged to run into millions of pounds and involved the defence team marshalling a vast amount of evidence including the audio of 700,000 recorded telephone conversations. Originally alleged to be the lead defendant’s personal assistant, and complicit in the whole fraud, the defence succeeded part way through the 6 month trial in negotiating an acceptable plea to a single minor allegation under Trademarks legislation.

Get in touch

For a free confidential telephone conversation, 24 hours a day, call us on:

David Caplin is a thorough and effective advocate - the sort of person you go to when you want to guarantee that the job will be done properly.

Chambers & Partners, 2008

“Philip Lythgoe is highly capable in all areas of criminal work and exercises fine judgement throughout a case”

Legal 500 2019

A masterful performer
in heavyweight crime cases.

Chambers & Partners, 2010

A copper-bottomed guarantee of reliability.

Chambers & Partners, 2007

“…an outstanding practice”

Chambers & Partners 2019

“an ability to inspire client confidence which is second to none”

Legal 500 2019

“a clear sighted determination to secure the best possible outcome for their clients.”

Legal 500 2019

"Sarah Housley thoroughly prepares for her cases and develops excellent relationships with her clients”.

Legal 500 2018.

"David Caplin is a thorough and effective advocate, the sort of person you go to when you want a guarantee that the job will be done properly"

Chambers and Partners 2008

"...a copper bottomed guarantee of reliability"

Chambers and Partners 2007

"A masterful performer in heavyweight crime cases"

Chambers and Partners 2010

"...a wealth of experience dealing with heavyweight criminal cases"

Chambers and Partners 2011

"Excels in fraud and serious crime cases"

Chambers and Partners 2013

"...very intuitive"

Chambers and Partners 2017

"...a tremendous reputation for fraud work"

Legal 500 2015

"adept at handling all aspects of serious fraud as well as complex and high-value confiscation and restraint proceedings"

LEGAL 500 2016

"...tactically brilliant"

Legal 500 2016

" the highly professional team is skilled at advising on serious organised crime"

Legal 500 2016

About Us

Cunninghams are a criminal defence practice who specialise in the defence of allegations of serious fraud.
At Cunninghams we have over 20 years’ experience in representing clients interviewed by the investigative authorities and, successfully representing in court proceedings those unfortunate enough to face prosecution in this complex area of criminal law.
Our serious fraud department will pull together a strong defence team tailored specifically to the needs of your case, and can assist you, 24 hours a day